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The War on Private Property

 

About the author: Caroline Visser is a wife and mother to two hormonal, whiney female offspring. In her spare time she works full-time in the healthcare field. When not otherwise pre-occupied, she likes to ruffle the feathers of her liberal acquaintances by applying logic and common sense to political discussions. Ca ... [read 's FULL BIO]

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No strategic business planner has ever created a mission statement as powerful in its message, as comprehensive in its scope, and as utterly unassailable as the mother of all mission statements, the Constitution.

The Constitution unequivocally established justice and liberty as guiding principles of our nation. If the framers could only see how far our nation has deviated from their founding principles, they would be appalled. Justice and liberty have been supplanted by state sanctioned theft for the purpose of revenue enhancement. Confiscatory tax policies are no longer sufficient to satisfy the government’s voracious appetite for revenue. A more insidious method has been devised to separate the hard working American from his money. It’s called asset seizure and forfeiture.

Previously used as a weapon in the war on drugs and restricted to indictable offenses, asset seizure and forfeiture laws have opened the door for more nefarious applications of these types of laws in civil cases. As a defendant in a civil case, property owners do not enjoy the same advantages as criminals like murderers or rapists do. Criminals are innocent until proven guilty. With “reverse onus” however, civil defendants bear the burden of proving their innocence. They are presumed guilty, and the presumption of guilt is all that is necessary for the government to seize the property of the accused. In other words, they are guilty unless they are able to prove that they are innocent.

Criminal defendants are entitled to a court appointed attorney if they cannot afford one. Civil defendants on the other hand, must pay an attorney to challenge forfeiture or they must try the case themselves. Furthermore, unlike criminal defendants, civil defendants must pay a significant filing fee based on the value of the seized asset, in order to initiate litigation. The cost for a property owner to reclaim his property can be as high as $10,000 and can take as long as three years.

Essentially, expanding asset forfeiture to include petty misdemeanors raises relatively innocuous infractions to the level of murder. The difference is that civil defendants lack the protections of due process, which are enjoyed by accused murderers.

This shift to civil seizures is rife with the potential for abuse. Law enforcement agencies have a huge incentive to seize property since they receive 100% of the funds raised. The exception occurs when law enforcement shares the spoils with paid informants, who may receive up to 25% of the value of forfeited assets. Can you say “conflict of interest”?

So, who can actually take your stuff? The FBI, IRS, FDA, and state and local law enforcement agencies can seize your property. What stuff can they take? They can seize your house, car, boat, Jet Ski, skis, motorcycle, jewelry, cash, and anything else associated with the incident in question. Whose stuff can they take? They can seize the property of anyone, even if they have never been charged with, or convicted of, any crime. Did a passenger in your car have marijuana? Guilty. Forfeit car. Did a narcotics detection dog at the airport alert when you walked by because the change the store clerk handed you earlier had traces of cocaine on it? Guilty. Forfeit cash, and maybe even your laptop too.

Egregious cases of abuse are occurring at an alarmingly frequent rate. Jerrie Braithwaite, single mother of three from Washington D.C., loaned her car to an acquaintance in January 2012. The friend was pulled over, searched, and found to be in possession of drugs. Her car was seized. A year later, it remains to be seen if she will ever get her car back. Also in D.C., firefighter Keith Chung had his vehicle seized in June 2012, when Metro DC police allegedly found a firearm on Chung’s passenger. Chung was forced to carry his firefighting gear to work on public transportation. The sole source of support for his elderly grandmother and disabled mother, Chung was powerless to do anything until a pro bono attorney filed for a preliminary injunction to secure the return of Chung’s vehicle.

Currently, Hawaii State Senate Bill SB 1342, which would extend seizure and forfeiture laws to misdemeanors in the Aloha State, is being debated despite the well publicized cases of abuse elsewhere. The lust for money seems more compelling than the obvious flaws in the legislation. It is apparent that confiscatory revenue enhancement schemes trump justice and liberty. Simply put, they want your stuff. This type of legislation opens up a Pandora’s box and leads to many unanswered questions. Will they confiscate my home if my teenager is caught doing drugs there? If I am disturbing the peace because my music is too loud, will they take my iPod? Will they confiscate my dog if I don’t clean up his waste? How can I prove that I DID pick up his poop and that the feces in question are from someone else’s dog? How much would a DNA analysis on dog excrement cost?

I doubt that the founding fathers had envisioned such scenarios when they extolled the blessings of liberty. Word to the wise, not only is Big Brother watching you, but he’s got his eyes on your stuff.

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  • I have seen this first hand and it sucks really badd for the person they are doing it too.Some beachs………:>)

  • william C

    Who is going to save us from this abomination? Obviously not our elected officials – they are the ones promoting this robbery. We need to group together to fight back. No one individual can fight this by himself.

  • wdcraftr

    Great, tell Hawaii to confiscate Obama, and his home, and All belongings the next time he is there.. That would sure help with the Debt…

  • We the People have become we the politicians, the masters of the plantation of all races and colors, the slaves to the dictators in DC and even in some states, the Constitution is out and Hilter is back and in. God help this nation:

  • jenniewalsh

    The EVIL ONES enacting these very UNconstitutional “laws” belong to a secret organization that they call the “Kingdom of Satan”. They are very well organized, devious, evil, greedy, completely immoral and very cunning. They are very wealthy as an organization because they have been stealing money from the American people for many years through the Federal Reserve and the IRS which they enacted through their representatives in congress. They are heavily represented in all branches of the American government at every level. You only need to look at the supreme court and which of the judges on the supreme court upheld Obamacare to know who the Satanists are on the supreme court. They are known generally as the international bankster-gangsters, the “power-elite”, the globalists, the New World Order advocates and the “insiders”. They have infiltrated every organization, government, educational system, religion, etc. They seek to destroy America and take over and rule every nation on the planet, enslaving all who are not members of their Satanic organization. They have tremendous technology (stolen-the inventors murdered) that if used productively would make life on earth a paradisaical experience. Unfortunately, they use their technology to further their evil agendas and to literally get away with murder and every other conceivable crime.

    I am alive to tell this information only because of the protection of Almighty God. I highly recommend a great deal of daily prayer, humility and obedience to Almighty God. I know that God has WAY MORE power than they do. Pray for all who are standing for God and God-Freedom everywhere throughout America and the world.

  • Michigan_REB

    once an abuse if found they department is disbanned and all are fired. see how many waqnt the money that bad. The prosecutor is also held responsible. Better yet Ban lawyers. they are the biggest blight on our society.

  • you havent here the latest. hear goes, ck out this web site and seen it on. http://www.realgancoalition, we have russians in tenn. working for the u.n. with a ferma camp, a bio dome and bio chems. they are in every park in the states. from the grand canon, to the rockies. obama is giving the right to put us in the camps. thats why they are after the guns. look it up. unless this comes out we are really screwed.

    • lpcustom69

      I couldn’t access the link. Spelled correctly?

  • Guest

    Prepare for government’s war against We the people.

  • Prepare for government’s war against We the People.

  • Tallcoolrocker

    I had a search on my home in Tucson Ariz based on hear say from a neighbor, they searched my apt with no warrant . Police found nothing at all, I filed a complaint with Internal affairs next day.

  • NoMoreMarxistsInDC

    This has been going on the family courts throughout the country for the past 35 years. Family courts were “testing grounds” for many of the things government is now poised to do to violate our rights. Family courts took away people’s children for no reason other than it was for the “best interest of the children”, pitted parents against each other as to who the better “fit” parent is (not “unfit” parent), seized the child support payor’s assets and income through wage garnishment, court order, and imprisonment for debt.

    The government hides behind the unconstitutional legal theory that one who is jailed for child support or alimony arrears is not being jailed for a debt, but being jailed for “violation of a court order” or “violation of litigant’s rights”. The US Courts of Appeals have all said that child support (and now alimony) is a common civil debt.

    Because of these unconstitutional acts that have festered in the family courts for decades are now going mainstream. People in Wisconsin and Minnesota, that walk away from their mortgages because their houses are “under water”, or fail to pay their auto and credit card loans, are now being imprisoned for debt.

  • David Reynolds

    In many communities in Kansas, nuisance ordinances are being used to confiscate what the local government deems “junk vehicles”. These ordinances seek to impose a $100 fine/30 days in jail, per day, for the violation. No judge, no court order, just confiscation of private property that is sitting on private property. This is a gross violation of the 4th, 6th, 10th, and 14th amendments. To add insult to injury the local government charges the property owner for the cost of stealing their private property.
    I had a meeting with my local code enforcement officer and informed him he was not allowed on my property without a court order. In a further meeting with him and the city manager, I informed them that if they took my pickup when I wasn’t home, I would sue them for criminal trespass and theft. Further, informed them that if they tried to take my vehicle without a court order when I was home, there would be a fight. At the end of the meeting, the city manager said they would get a court order! Also informed the local code enforcement officer that I had weapons and would use them. I am a retired Navy Chief Petty Officer (submarine service) and a retired Corrections Officer. Sometimes, it is necessary to offer to use the 2nd Amendment to protect your rights under the 4th, 6th, 10th, and 14th. I am now investigating the filing of a civil rights lawsuit against these local tyrants. Advice regarding how to pursue this matter would be welcome.

    • nomidazolam

      Hi Dave, I’m an honorary memeber of the Dolphin Base. I moved out of California because of a “vehicle abatement” officer. He has every right to come on the property without a warrant and search any vehicle on the place. He stated that when he examined my brand new horse trailer, that he better not find ANYTHING in it that didn’t pertain to horses. My camp trailer couldn’t contain anything but camping equipment. He finally slapped a sign on the horse trailer saying it was an abandoned vehicle. because, get this, it couldn’t move under its own power! He said that he was the final arbitor of good taste, that if it had wheels under it, he had the authority to force me to remove it. Then he had a (proud lesbian) woman come out from planning and zoning (I was RR5 Rural Residential 5 acres) to tell me that if I was any color other than white OR if I were a lesbian, that we wouldn’t be having the conversation. All of the white people on our road were cited for stupid stuff, but the Mexicans were allowed to operate “migrant farm worker camps” complete with outhouses, multiple campers with lots of people in them dog fights, cock fights etc. all in violation of all kinds of laws, but *I* was in trouble over a new horse trailer. The planning and zoning lady said that it was possible for people to live in the horse trailer, so it had to go. Ummm, not really… So it did along with me and my family and my tax money.

      • James Maxwell

        Wonder how he would have liked a load of rock salt up his sorry azz. He
        was just looking to get him a nice new trailer for his personal usage. I
        know in some areas if a vehicle is in the front yard/driveway over a specific
        time period some cities, home owner gestapos will send you a letter and a
        find. If it is not moved with in a specific time they will “fine” you again.
        Nothinb but harassment from idiots and petty beauracrats. Come on my
        property without legal warrant and woe unto the individual who attempts
        to steal my property. No question asked.

        • manuel a

          ive had to get rid of 2 cars because of that nonsence they told me it make the neighborhood look like a junck yard and drug dealers and gangs ect see that they are not moved and figure that the police come around so they move into the arera and then that when crime moves in . i had insureance on both and cant drive em both at the same time so i was told to sell em or id be fined and the cars would be towed

          • James Maxwell

            I have discovred that a lot of this BS depends upon where you live and if
            you have a HomeOwners gestapo group. I had 3 cars, 3 pickups and
            a boat. they were all behind my privicy fence. On one ocassion I
            had 4 cars in my front on the drive way. Company spending the week
            with my family. They raised hell about it and even had the local cops
            come out. When I expained to the officer that it was family visiting for
            the week he just said “Have a nice day” and before he left we had
            fun talking about our time in Viet Nam. Upset the old B*tch on the
            home owners board but nothing she could do about it. All the
            cars were properly registered and insured so they were legal. m About
            a month later I caught her violating the home owners rules and was
            able to get her kicked off the board. That made a lot of folks happy.
            But again it all comes down to where you live.

  • This is an article to forward to your Congressmen, asking Why they’re allowing such to occur.

  • You you haven’t got the picture by now, you are as crazy as the communists that are now in control of this AMERIKA!

  • Nicole

    Well said. They have been doing this in Europe for years. Now it’s come here. It’s called socialism.

  • This is frighteningly similar to what tyrants like Obama and his Gang(Pelosi,Biden,Holder,Reid) have pulled off in Nazi,Germany,Bolshevik,Russia,Cuba,Venezuela,China,Iran,Iraq,Afghanistan,the middle east,North Korea etc.

    Millions of brave “legal” immigrants risked everything to escape tyranny and come here to create a better life.

    The Founders and the Framers knew too well what a psychopath,a deluded maniac,a self-proclaimed deity,a compulsive liar,a person(people) amoral in nature could do if the “People” allowed it!

    It’s always about a crisis,the kind that America has faced and conquered in the past but didn’t have the guts,the strength,the conviction to survive 6 decades of perversion,6 decades of corrupt government,six decades of Murder,Assassination,two Presidents charged with Articles of impeachment held unaccountable by a system failed!

    J.F.K.shot in broad daylight,murdered and the Warren Commission coverup. L.B.J. a criminal of epic proportion sends 60,000 Americans to Vietnam and Cambodia to die for nothing! A pompous horses rear end who started the evisceration of the Constitution by sending these heroes to fight and die without Congressional approval. An impeachable offense unmatched until Nixon,Clinton and Obama got elected by a corrupt process and then a suddenly moronic,extremist populace with No Honor,No Code,No guts,No Respect,No appreciation,no brains to realize that a Free people must have laws,institutions(Family,Religion,education, an ethic of responsibility and that Freedom is Not just about success. Freedom is equally about the right to Fail and get up and try again!

    Every person who has “made” it in their chosen field has also tasted failure as in Franklin,Edison,Ford,Salk,Jobs,Einstein,,every great difference maker fails as that is a part of Freedom,Democracy,Capitalism that built Reagan’s “Beacon on the hill” and drove an economy,a society,a quality of life never seen,never possible before and since.

    Obama is the Cancer that left unfettered metastasizes into stage 4. The final stage of life as we know it.

    I am 65 years old and have witnessed and served my country in every way I could! There were millions just like me who have worked a lifetime,paid the taxes,took responsibility,fought and too often died to protect the American Dream turned Nightmare over the years!

    The Constitution if nothing else was about limiting government,by the people,for the people not the Tyrant,the tyranny they knew too well. The Bill of Rights,the Declaration of Independence now the Declaration of Dependence gave us the path to follow and for millions and millions the path led to a piece of the dream!

    Life is precious but hardly worth living as a captive,as a slave,told how to live,what you can eat,who you can become by a cadre of tyrants we have had to stare down over two plus centuries!

    This is Not the America I grew up in. The sociopaths are the ones who made the foreign and domestic policies,stole our Freedoms,our right to defend ourselves fro those who would take our freedoms,threaten our families,our property,our country,the future for our children which is Why the Second Amendment is so prominent and so important!

    A demagogue who would imprison us? a system that takes the fruits of our labor,commits grand larceny as in all the programs now bankrupt and would attack us with Drones,thousands of dictates and regulations? the very same things that were the basis of why we fought and exist.

    “live free or die”

  • Is it time for another Revolution yet?

  • SickoftheBS

    I don’t worry about it. For every dollar of mine they steal, I will double it with what I steal from them. For every transgression by an over zealous government official or employee, I will return that transgression twofold

  • Unlucky

    They tried to do this in mass. To a family that owned a motel.the police stood to gain a lot of money. Luckily a judge sided with the owners

  • Why would anyone want to buy property if they think the Government is going to take it, you would think that the Real Estate Market would crash just on the news of this !

  • James Maxwell

    With the corruption and socialist POS in the white house do not be surprised at any
    thing he or his minions try to do. Do not be surprised at the reaction when it happens
    either by American citizens who will reach the breaking point with Washington. There
    is a reason why osocialist is building his own private DHS army and arming them with
    .40 cal hollow point bullets, .308 rifle ammo and up armoured Urban Fighting Vehicles
    so when he tries to take over the U.S. his minions will have a nice place to hide when
    citizens rise up in revolt. I wonder how many of his idiots will want to take them home
    to strut around the neighborhood and show off?

  • marineh2ominer

    Their taking my stuff might bother my kids but not me , because I will die defending it .

  • Landplanner1

    When I passed this article on to some friends, one responded back whose opinion opposes the article saying: “Too bad she doesn’t have facts to back up her information. IRS does not operate the way she is saying.”

    I wanted to contact Caroline Visser, to ask about sources or references but there do not appear to be any links to initiate queries like that. Too bad, because I really like solid references myself. I found a number of sources that suggested that the IRS uses seizure only as a last resort, but there are IRS written policies that do support Caroline’s contention:
    9.7.2.5 (07-15-2002)
    Seizure of Property for Civil Forfeiture
    The process of civil forfeiture begins with the actual or constructive seizure of the allegedly “guilty” property. Actual seizure of tangible personal property frequently occurs prior to the initiation of a formal civil forfeiture action.
    http://www.irs.gov/irm/part9/irm_09-007-002.html#d0e151

    • Caroline_Visser

      Just a few sources, although there are plenty more.

      http://www.mind-trek.com/practicl/aforfeit.htm:

      “How extensive are seizures in America today? In April 1990, The Washington Post reported that the U.S. Marshals Service alone had an inventory of over $1.4 billion in seized assets, including over 30,000 cars, boats, home and businesses. Federal and state agencies seizing property now include the FBI, the DEA, the U.S. Marshals Service, the Coast Guard, the IRS, local police, highway patrol, the Department of Housing and Urban Development, FDA, and the Bureau of Land Management. Asset forfeiture is a growth industry. Seizures have increased from $27 million in 1986, to over $644 million in 1991. In 1992, seizures may exceed $1 billion.”

      http://www.irs.gov/irm/part9/irm_09-007-002.html#d0e151:

      9.7.2.5 (07-15-2002)

      Seizure of Property for Civil Forfeiture

      The process of civil forfeiture begins with the actual or constructive seizure of the allegedly “guilty” property. Actual seizure of tangible personal property frequently occurs prior to the initiation of a formal civil forfeiture action.

      9.7.2.3 (05-14-2012)

      Civilly Forfeitable Property

      All civil forfeiture statutes presently in effect are in rem statutes in which the property itself, not the owner of the property, is accused of wrongdoing. For that reason, only property that was actually used to commit, or was derived from, an offense, or property traceable to it, is subject to forfeiture.

  • wayne

    Watch out for the water districts. I know some horror stories way worst then the stories here. They have so much power it’s unreal. I live in San Diego and have been in the Real Estate business for 15 yrs. Agenda 21 is in full force here. For those of you who don’t know go to the United Nations website and research “agenda 21”

    -jenniewalsh-
    comment below is right on. This is all about The Elite gaining control over
    everything and depopulation. The world is run by Satanists. Satan has 3
    kingdoms on Earth. The Vatican, London city-London and the White house. There
    are only 2 powers in this Universe. One is from God almighty through his son
    Jesus Christ and the second one is from Satan/Lucifer the fallen one. Obama,
    the Bushes, Clinton’s, Kerry’s etc. are all of the same blood line.

    They are all members of the “scull and bones” secret society and they
    get their power from Satan. That’s why the decisions that get made by the Elite
    should never surprise anyone. Once a person sells their soul through a secret
    society like all our leaders do, Hollywood stars, Stallone and Schwarzenegger are
    two of the biggest ones, musicians, (except those who sing to the Glory of god)
    mainstream media, Corporations run by Billionaires like Steve Jobs, Bill gates, company’s like Nike, Sears, Coke, Pepsi, Qcom, Google have done along with many others they (owners, CEO’s) give up mind control. Its like being under hypnosis all the time. They do whatever they are told to do by the spirit world, satans world (2nd heaven) because the Elite are promised inheritance of the earth and travel the cosmos after death and a chunk of the pie so to speak. That’s why many Elite have said publicly that depopulation of 90% of the world’s population is best. Yeah best for them!

    But this is all a lie from Satan because he knows his time is limited and he is going to take as many down with him as he can. Satan promises money, fame, power in exchange for worship and mind control. Artists like Rhianna, Katy Perry, Eminem, Brittney Spears, Beyonce, Jay-Z, Shack, Tom Cruise are very open about this just do some research. There is nothing anyone can do to stop it as long as people are willing to follow Satan and believe me the list is long… I could just go on and on but you get the point. Things cannot get better because the squeeze is on in full force. All this evil is the reason why Jesus Christ must come back and fix it or clean house as I like to say.

    In Luke 4:5-8 Satan makes it clear that all the kingdoms on Earth belong to him and he gives them to whoever worships (sells-out) him. Some may ask why would God give Satan that? well if you knew what he had in Heaven before being evicted then you
    would understand. Satan does not have the power to force worship that’s why he
    makes promises that appeal to most people’s desires. If people would choose to
    obey the 10 commandments and not Satan there would be no need for a second
    coming of Christ. Unfortunately the list is long of people who have no problem
    selling something (soul) they no nothing about for some money, fame, power and
    one day they will all realize whata terrible mistake they have made. Don’t sell out as I have been offered to do but chose not to. Worship the Lord Jesus. God Bless

    Here is some proof because I understand this stuff sounds crazy.

    Did Beyonce flash an Illuminati sign during the Super Bowl half time show?
    http://sports.yahoo.com/blogs/nfl-shutdown-corner/did-beyonce-flash-illuminati-sign-why-did-superdome-064347471–nfl.html

    there is a link in this article (Here’s a bunch of celebs doing the same thing.) just click it and it shows many Elite showing who they stand for/worship which is the Illuminati. Warren Buffet is one, Rockafeller, Tom Cruise and so on.